Roche v. State

District Court of Appeal of Florida

Roche v. State

967 So. 2d 340, 2007 Fla. App. LEXIS 15588, 2007 WL 2848028

CourtDistrict Court of Appeal of Florida

DecidedOctober 3, 2007

DocketNo. 3D07-1695

StatusPublished

Cited by2 cases

This text of 967 So. 2d 340 (Roche v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Roche v. State, 967 So. 2d 340, 2007 Fla. App. LEXIS 15588, 2007 WL 2848028 (Fla. Ct. App. 2007).

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Opinion

PER CURIAM.

Pierre A. Roche appeals from an order summarily denying his motion for jail time credit under Florida Rule of Criminal Procedure 3.800. On appeal from a summary denial, this Court must reverse unless the postconviction record, see Fla. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(D).

Because we cannot determine from the lower court’s order or record attachments whether the defendant waived his credit for time served, we reverse and remand for an evidentiary hearing or other appropriate relief. If the trial court again enters an order summarily denying the post conviction motion, the court shall attach record excerpts conclusively showing that the appellant waived jail credit at sentencing, or, if he did not, the trial court shall award proper credit for the time the defendant spent in jail.

Reversed and remanded for further proceedings.

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PER CURIAM.

Pierre A. Roche appeals from an order summarily denying his motion for jail time credit under Florida Rule of Criminal Procedure 3.800. On appeal from a summary denial, this Court must reverse unless the postconviction record, see Fla. R.App. P. 9.141(b)(2)(A), shows conclusively that the appellant is entitled to no relief. See Fla. R.App. P. 9.141(b)(2)(D).

Because we cannot determine from the lower court’s order or record attachments whether the defendant waived his credit for time served, we reverse and remand for an evidentiary hearing or other appropriate relief. If the trial court again enters an order summarily denying the post conviction motion, the court shall attach record excerpts conclusively showing that the appellant waived jail credit at sentencing, or, if he did not, the trial court shall award proper credit for the time the defendant spent in jail.

Reversed and remanded for further proceedings.

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Bluebook (online)

967 So. 2d 340, 2007 Fla. App. LEXIS 15588, 2007 WL 2848028, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roche-v-state-fladistctapp-2007.

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